Tomblin v. Callen
Supreme Court of Iowa
Appeal from, Mills Oireuit Oowrt. Action in equity upon a promissory note and mortgage executed by the defendant Callen. He answered, admitting the execution, but averring that he had been notified that Murray Nelson claimed to be the owner of the note and mortgage, and had possession of the same. Murray Nelson intervened, setting up his possession and ownership, and asking for a decree of foreclosure.
Read the full summary
Appeal from, Mills Oireuit Oowrt. Action in equity upon a promissory note and mortgage executed by the defendant Callen. He answered, admitting the execution, but averring that he had been notified that Murray Nelson claimed to be the owner of the note and mortgage, and had possession of the same. Murray Nelson intervened, setting up his possession and ownership, and asking for a decree of foreclosure. The case catne on for trial, as between the plaintiff and the intervenor, and decree was rendered for the plaintiff. The intervenor appeals.
1Opinion of the Court
Adams, Cu. J.
*230HsSooi grain': ery: payment validity. *229The note and mortgage in question were *230executed to the plaintiff, Mary C. Tomblin. Afterwards the plaintiff, at the request of her son, D. M. Tomblin, indorsed the same in blank, and*5-delivered them to him to enable him to pledge the same as collateral security m his business transactions. Tomblin delivered them as collateral security for a promissory note executed by him to the defendants E. B. Stephens & Co., aud the latter sold and transferred the note and n^ortgage so pledged to the intervenor, Murray Nelson, who stilljiolds the same. The…
2Cases cited2 opinions
- First Nat. Bank v. Oskaloosa Packing Co.Supreme Court of Iowa · 1885
- Murry, Nelson & Co. v. OcheltreeSupreme Court of Iowa · 1882
3Cited by7 opinions
- Young Men's Christian Ass'n v. EstillSupreme Court of Georgia · 1913
- First National Bank v. CarrollSupreme Court of Iowa · 1890
- Cottage Hospital v. MerrillSupreme Court of Iowa · 1894
- Hallet v. AggergaardSouth Dakota Supreme Court · 1908
- Ware & Leland v. HeissSupreme Court of Iowa · 1907
2 more not listed; retrieve them via the Exa API.